Section 560IAC2-2-1. Bargaining unit

   (a) Appropriate unit. The parties may agree on the appropriate unit within the guidelines as provided in IC 20-7.5-1-10(a)(1). For this purpose the parties shall consist of the school employer and a school employee organization representing twenty percent (20%) or more of the school employees in any proposed unit.

  (b) Unit determination. If no such agreement is reached or if any school employee in the proposed unit files a complaint (as in 560 IAC 2-2-3(a) and 560 IAC 2-2-4(b) [sections 3(a) and 4(b) of this rule]) to the composition of such unit with the board, the board shall determine the proper unit in accordance with IC 20-7.5-1-10(a)(2) or IC 20-7.5-1-10(c)(4). The board or its agent may make a determination based upon briefs and papers filed unless a hearing is requested.

  (c) Unit amendment or unit clarification. A school employer and a school employee organization may agree to amend or clarify a unit at any time. A unit amendment is appropriate when a position has been newly created and is to be added to or excluded from the existing unit. A unit clarification is appropriate when an existing position is to be added to or excluded from the existing unit. If such an amendment or clarification is mutually made, the school employer and exclusive representative shall post notice of the amendment or clarification in each school building for no less than thirty (30) days; provided, however, that if the amendment or clarification is made in a period when school employees are not in attendance, notice shall be made to each by mail to his last known place of residence. Said notice shall clearly show the description of the existing bargaining unit and the proposed amendment or clarification. The notice shall state the current address and telephone number of the board and state that objections to the amendment or clarification by any affected school employee may be made to the board within thirty (30) days of the first date of posting or of the mailing of the notice. If a school employee affected by the amendment or clarification objects to the amendment or clarification, the board shall determine the unit by the same procedures used in original determinations of the unit. At the end of the posting period or thirty (30) days after the mailing of notice, and if no objections have been filed, a copy of the notice of amendment or clarification shall be furnished to the board. An incorrect posting as to whether the position is an amendment to or clarification of a unit shall not operate to void the notice or results thereof, regardless of objections. (Indiana Education Employment Relations Board; 560 IAC 2-2-1; filed Oct 6, 1988, 11:15 a.m.: 12 IR 301; readopted filed Sep 12, 2001, 10:55 a.m.: 25 IR 529; readopted filed Nov 30, 2007, 11:19 a.m.: 20071226-IR-560070368RFA; readopted filed Sep 10, 2013, 10:25 a.m.: 20131009-IR-560130214RFA)